ELTO Dispute Resolution Panel
If an insurer has refused to cover a mesothelioma claim, you can ask an independent panel of ELTO members to look at the evidence and decide.
What the panel is
Mesothelioma is caused by exposure to asbestos, often decades before anyone becomes ill. By the time a diagnosis arrives, the employer may have closed down, records may have been lost and the insurance policy can be hard to prove.
Sometimes an insurer accepts that it held the policy. Sometimes it does not. When an insurer writes to say it will not cover a mesothelioma claim, the ELTO Dispute Resolution Panel gives you a way to have that decision reviewed.
The panel is an independent panel of ELTO members. Its job is to look at the evidence from both sides and decide whether there is enough of it to show that the insurer is liable. If the panel finds in your favour, its decision is binding on the insurer unless the insurer appeals.
Who can use the panel
You can ask the panel to review your case if both of these apply.
You are a claimant, a family member or a legal representative dealing with a mesothelioma claim linked to employment.
You have received a written letter from an employers' liability insurer refusing cover for that claim.
If you have not yet had a refusal in writing, the panel cannot consider your case. Ask the insurer to confirm its position in a letter first.
What the panel will not consider
The panel looks at one question only. Is there enough evidence that the insurer held the policy and is liable for the claim?
It will not rule on:
liability, meaning whether your employer was at fault for the exposure
causation, meaning whether the exposure caused the illness
quantum, meaning how much compensation should be paid
limitation, meaning whether the claim was brought in time
Those questions are settled elsewhere, usually between solicitors or through the courts.
How it works
All of the timescales below are in calendar days.
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Step 1 Send us your evidence
Complete the Statement of Facts template and the Statement of Truth, and gather the documents that support your case. The Statement of Truth confirms that everything in your Statement of Facts is true and complete. Send the full pack to the Service Delivery Manager at ELTO.
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Step 2 Tell the insurer
At the same time, write to the insurer to let it know you have referred the matter to the ELTO Dispute Resolution Panel.
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Step 3 We pass your evidence to the insurer
The DRP administrator will acknowledge receipt of your pack and check it is complete. Once it is, we will confirm that your evidence has been sent to the insurer. The insurer then has 21 days to respond.
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Step 4 The insurer responds
We will send you the insurer's response, along with copies of anything it has submitted. You then have 14 days to add further evidence if you wish. If you do, the insurer has another 14 days to reply, and it may only address the points you have raised.
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Step 5 The panel decides
Your case is heard at the first panel meeting after the final submissions are received. The panel reviews everything both sides have submitted and decides whether the evidence shows the insurer is liable. We will write to you with the decision.
What happens after the decision
If the panel decides in your favour, the insurer must accept the decision or appeal within 14 days. If it does not appeal, the decision is binding on the insurer.
An appeal goes to an independent arbitrator. The arbitrator does not hear the case again. They look only at whether the panel's decision was a reasonable one, based on the evidence put in front of it.
What you will need
You will need the insurer's written refusal in order to be eligible. Keep it safe, but it is not part of the pack you send us.
The pack itself is:
A completed Statement of Facts, using the ELTO template, together with the evidence that supports it
A Statement of Truth, signed and dated by you or your representative
Supporting evidence might include employment records, wage slips, trade union records, witness statements or earlier correspondence with the insurer. The guidance notes and the Statement of Facts template set out what is expected.
Getting advice before you start
If a solicitor is acting for you, they will usually handle the referral. If you are dealing with the claim yourself, it is worth taking legal advice before you submit, because the strength of your evidence is what the panel will be weighing up. Solicitors who specialise in asbestos related disease deal with this process regularly.
Where to send your referral
Service Delivery Manager, ELTO
MIB, Linford Wood House
6-12 Capital Drive
Linford Wood
Milton Keynes
MK14 6XT
If you have a question about the process, email the DRP administrator at eltodrpadmin@mib.org.uk or call ELTO on 0345 165 2805.